HomeMy WebLinkAbout10-18-12 Regular Meeting, Public Hearing and Workshop of the La Porte Planning and Zoning CommissionPlanning and Zoning Commission
Minutes of October 18, 2012
Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Mark Follis, and Doretta
Finch
Commissioners Absent: Hal Lawler, Danny Earp, Les Bird, and Lou Ann Martin
City Staff Present: Assistant City Manager Traci Leach, Planning Director Tim Tietjens, City
Planner Masood Malik, City Engineer Julian Garza, Assistant City
Attorney Clark Askins, and Office Coordinator Peggy Lee
Others Present:
1. Call to order.
Ron Cox and Larry Haller
Meeting called to order by Acting Chairman Warren at 6:01 p.m.
2. Roll Call of Members.
Commission Members verbally indicated their attendance. Commissioners Martin, Bird, Vice -
Chairman Earp and Chairman Lawler were not present for the meeting.
3. Consider approval of September 20, 2012, meeting minutes.
Motion by Commissioner Hoot to approve the September 20, 2012, meeting minutes. Second
by Commissioner LaCour. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch
Nays: None
4. Open Public Hearing to receive input regarding proposed regulations to allow Accessory
Structures without associated Primary Use or Structure in the Large Lot Residential Zoning
District.
Acting Chairman Warren opened the public hearing at 6:04 p.m.
A. Staff Presentation
At the direction of City Council, City staff researched the possibility of permitting
accessory structures without a primary residential structure within the Large Lot District.
City Planner Masood Malik presented the staff report with a recommendation for
changes to the Code of Ordinances, which would allow such structures as a conditional
use.
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Minutes of October 18, 2012
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For clarification and for consistency, Assistant City Attorney Clark Askins suggested the
definition for accessory structure proposed by staff include noncommercial toolhouses,
barns, sheds, and storage buildings (associated with residence) as shown in other
sections of the ordinance. Mr. Askins also noted that as written, this would only apply
to tracts one acre or larger in size in the Large Lot District.
Commissioner Follis suggested removing the requirement for a special conditional use
permit, adding a requirement for a restroom in the structure, and reviewing the
language in Ordinance 620, which requires building materials to be similar to the
primary structure.
B. Proponents
There were no proponents.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were none.
S. Close Public Hearing
Acting Chairman Warren closed the public hearing at 6:30 p.m.
6. Consider recommendation to City Council regarding amendments to Chapter 106 "Zoning" of
the Code of Ordinances, for the purpose of enacting regulations for Accessory Structures
without requirement for associated Primary Use or Structure in the Large Lot Residential
Zoning District.
Motion by Commissioner Hoot to re -open the public hearing under Agenda Item #4. Second by
Commissioner Follis. Motion Carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch
Nays: None
Staff stated reasons for recommending a conditional approval process.
The Commission directed staff to:
• firm up the definition of an accessory structure;
• make it clear these regulations would only be applicable for tracts one acre or larger in
size in the Large Lot District;
• remove the requirement for a special conditional use permit; and
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Minutes of October 18, 2012
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• add a statement to the applicant paperwork advising that only non-commercial
accessory uses are allowed.
Motion by Commissioner Hoot to table the public hearing until November 15, 2012, at 6:00 p.m.
Second by Commissioner Follis. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch
Nays: None
7. Open Workshop to discuss proposed regulations for Dust Free Surface criteria for properties
within the City of La Porte.
Acting Chairman Warren opened the workshop at 6:52 p.m.
City Engineer Julian Garza presented the staff report. City Council has received concerns about
the City's dust free surface criteria, more specifically, from business owners in the business
industrial areas regarding the application of products considered to be dust free by policy, but
not in accordance with the various ordinances which regulate surfaces. There have also been
requests from citizens in residential areas to use millings for driveway surfaces, which are not
clearly defined as dust free.
Mr. Garza reviewed a table that was developed, which lists existing and proposed dust free
ordinance conditions and options for the Commission's consideration.
Larry Haller, from the audience, discussed with staff and the Commission, his concerns about
the surfacing material installed on his neighbor, Gus Brieden's property. He stated it was simply
an environmental product applied to some rocks. Mr. Haller continues to have dust problems
originating from Mr. Brieden's property.
The Commission discussed the different types of applications being utilized around town.
It was suggested that a column be added to the options table to include a one -course inverse
penetration (chip seal) surface.
At the suggestion of Planning Director Tim Tietjens, the Commission formed a subcommittee to
work with staff to analyze the criteria and provide a recommendation for dust free surfacing.
Commissioners Hoot and Follis and possibly Commissioners Earp, Bird, and Chairman Lawler will
serve on the subcommittee.
8. Administrative Reports
There were no Administrative Reports.
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Minutes of October 18, 2012
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9. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing policy.
Commissioner Finch expressed appreciation to the Commission for their work on accessory
structures in the Large Lot District.
Commissioner LaCour thanked Commissioners Hoot and Follis for serving on the subcommittee
for dust free surfaces.
Commissioner Hoot, at a future meeting, would like to discuss protocol concerning items being
presented to City Council prior to Commission review, and protocol pertaining to the landfill
issue. Commissioner Hoot was pleased the accessory structure item was tabled and he spoke
briefly about the ongoing Planning Department audit interviews.
Commissioner Follis stated the Commission needs to review the Zoning Ordinance, Chapter 106
of the Code of Ordinances, in its entirety.
Acting Chairman Warren thanked everyone for their input and for attending the meeting.
10. Adjourn
Motion by Commissioner LaCour to adjourn. Second by Commissioner Hoot. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, and Finch
Nays: None
Acting Chairman Warren adjourned the meeting at 7:55 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on November 15, 2012.
Hal Lawler
Chairman, Planning and Zoning Commission